Tenancy Rights for Disabled People and Their Carers

If you rent your home and have a disability or care need, the law gives you important protections — including the right to ask for adaptations, the right to a habitable home, and protections against discrimination.

✍️ Paurav Joshi, Director, Ekvarta Ltd 📅 Last updated: May 2026 🖨️ Print this guide

🔑 Key Rights at a Glance

  • Landlords cannot unreasonably refuse disability-related alterations under the Equality Act 2010
  • Tenants can apply for a Disabled Facilities Grant (up to £30,000 in England)
  • Landlords must keep structure, heating, water and gas/electricity in repair (Landlord and Tenant Act 1985, s.11)
  • Your home must be fit for human habitation — by law
  • Disability cannot be used as grounds for eviction — this is discrimination
  • People with disabilities or care needs often receive higher priority on council housing waiting lists

Reasonable Adjustments to Rented Property

Under the Equality Act 2010, landlords have a duty not to discriminate against disabled tenants. In the context of rented accommodation, this means a landlord must not unreasonably refuse a disabled tenant's request to make adaptations to the property that are necessary because of their disability.

Examples of adaptations that tenants may request include:

  • Grab rails in the bathroom or beside the toilet
  • A stairlift to access upper floors
  • A ramp at the entrance to the property
  • Widening of doorways to accommodate a wheelchair
  • Wet room conversion (removing the bath and creating a level-access shower)
  • Lowering worktops in the kitchen
  • Installation of an intercom or accessible door entry system

What does "reasonable" mean?

Whether an alteration is "reasonable" depends on several factors, including:

  • The nature and degree of disruption the work would cause
  • Whether the alteration is reversible at the end of the tenancy
  • The cost of the work and who is bearing it
  • The type of tenancy and the nature of the property
  • The size and resources of the landlord

A landlord is permitted to ask you to restore the property to its original condition at the end of the tenancy — provided that is itself reasonable. But they cannot simply refuse to engage with your request or ignore it entirely.

If your landlord refuses what appears to be a clearly reasonable adaptation, this may constitute disability discrimination under the Equality Act. You can complain to the council's housing team, seek advice from Citizens Advice or Shelter, or — in serious cases — bring a claim to the County Court or to the Equality Advisory and Support Service (EASS): 0808 800 0082.

Who funds the adaptations?

In many cases, a Disabled Facilities Grant (see below) will fund the work — meaning there is no cost to the landlord. This significantly increases the likelihood of consent being granted, and councils are experienced in working with landlords to facilitate grant-funded adaptations.

Disabled Facilities Grant (DFG) for Tenants

The Disabled Facilities Grant (DFG) is available to both homeowners and tenants. It is administered by the local authority and is specifically designed to fund adaptations that make a home more accessible for a disabled person.

Key facts for tenants

  • Available from the local authority housing department
  • Maximum grant of £30,000 in England (higher in Scotland and Northern Ireland)
  • Means-tested — your income and savings may affect the amount awarded
  • You will need the landlord's written consent before the grant can be approved and works can begin
  • An Occupational Therapist (OT) will usually assess the property and recommend what adaptations are needed
  • The council will liaise with your landlord — in the vast majority of cases, landlords agree because the work is funded and improves the property at no cost to them

How to apply

Contact your local council's housing department and ask about the Disabled Facilities Grant. You can find your council at gov.uk/find-local-council. Your GP, district nurse or community OT can also refer you. For a full guide to the DFG, see: Disabled Facilities Grant — Full Guide.

Landlord's Repairing Obligations (Section 11, Landlord and Tenant Act 1985)

Under Section 11 of the Landlord and Tenant Act 1985, for most residential tenancies (including private and housing association lettings), landlords have a statutory obligation to maintain the property in a proper state of repair. This is not a matter of contract — it is a legal duty that cannot be contracted out of.

What the landlord must keep in repair

  • The structure and exterior of the property — including walls, roof, foundations, drains, gutters and external pipes
  • Installations for water heating — boiler, hot water tanks, pipes
  • Installations for space heating — central heating system, radiators, gas fires (fixed)
  • Installations for the supply of water, gas and electricity
  • Sanitary installations — baths, sinks, toilets, showers (where they form part of the original installation)

This obligation is particularly important for elderly and disabled tenants, for whom a broken boiler or failed heating system is not merely an inconvenience — it can be a serious health risk.

What to do when repairs are needed

  • Always report repairs in writing — text message or email — and keep records. This is critical if you later need to prove you reported the issue.
  • Keep a note of dates, times and the nature of the problem
  • Take photographs of the problem if possible
  • Give your landlord a reasonable time to carry out the repairs (what is reasonable depends on urgency — a failed boiler in winter requires a much faster response than a minor cosmetic issue)

If the landlord fails to repair

If your landlord fails to repair within a reasonable time, you have several options:

  • Contact your local council's housing enforcement team or Environmental Health department — they have powers to serve improvement notices and prohibition orders on landlords
  • Bring a claim for damages in the County Court for disrepair that has caused you loss or affected your health
  • Apply for a Rent Repayment Order in the First-tier Tribunal (Property Chamber) if the landlord has committed a housing offence

Shelter (0808 800 4444) and Citizens Advice can help you understand your options and, in some cases, can refer you to free legal advice.

Housing Benefit and Housing Costs via Universal Credit

If you are on a low income, you may be entitled to help with your rent through Housing Benefit (for those not yet on Universal Credit) or the Housing Costs Element of Universal Credit.

Disability-related enhancements

There are specific protections for disabled tenants within the benefit rules:

  • Bedroom tax / under-occupancy rules: If you need a spare bedroom for a non-resident overnight carer (someone who stays overnight to provide care but does not live with you), you are exempt from the bedroom tax. The extra bedroom is not counted as under-occupancy.
  • Disabled child premium / disabled adult premium: If you receive a disability premium in your benefit assessment, the amounts paid are higher
  • Local Housing Allowance (LHA): This caps the maximum private rent that can be covered — but if you are in temporary or specialist housing due to your disability, different rules may apply

If you are unsure whether you are getting the right amount of housing support, contact Citizens Advice (0808 223 1133) or an independent benefits adviser.

Right to a Habitable Home

Under the Homes (Fitness for Human Habitation) Act 2018, all rented properties — private and social — must be fit for human habitation at the start of the tenancy and throughout. This right applies regardless of how long you have lived there.

What "fit for habitation" means

A home must be free from conditions that could seriously harm the health or safety of occupants. These include:

  • Structural instability
  • Dampness or mould that poses a health risk
  • Inadequate lighting, heating or ventilation
  • Infestation by insects, rodents or vermin
  • Poor drainage or sanitary arrangements
  • Inadequate facilities for preparing and cooking food
  • Any risk of falling on stairs or in the layout of the property

If your home is not fit for habitation, you can take court action directly against your landlord — you do not need the council's permission or involvement, though the council's Environmental Health team can also act in parallel. This right is particularly important for disabled and elderly tenants who may be more vulnerable to the health impacts of poor housing conditions.

Eviction Protections

Knowing your rights around eviction is vital. Key points for disabled tenants:

  • Disability cannot be used as a reason for eviction. Seeking or using adaptations, raising repair issues, or having care needs cannot be a basis for eviction — this would constitute disability discrimination under the Equality Act 2010.
  • Section 21 "no-fault" evictions — as of May 2026, these remain possible in England but the Renters' Rights Bill currently before Parliament may abolish them. Check the current legal position at shelter.org.uk for the latest status.
  • If you receive a Section 21 or Section 8 notice, do not leave immediately — the notice starts a legal process; you are not required to leave until a court has made a possession order. Seek advice immediately.
  • If you have dependent children or are vulnerable due to disability or age, the council may have a homelessness duty towards you if you are threatened with eviction.

If you are facing eviction, contact Shelter on 0808 800 4444 as soon as possible. Emergency housing advice is available.

Council Housing Register and Priority

People with a disability or care need often qualify for higher priority on the council housing register (waiting list). The way councils allocate priority varies, but most use a banding system where medical and social need is a key factor.

  • Ask the council to carry out a medical and social needs assessment — this determines what priority band you are placed in
  • Provide full documentation from your GP, OT, or specialist about your housing needs and disability
  • Ask specifically for adapted properties to be flagged — many councils have a separate list of already-adapted homes
  • If you believe your priority has been set too low, you can ask for a review of the decision

Accessible Housing Options

Beyond the private rented sector, there are several routes to accessible housing:

  • Housing associations: Many housing associations have purpose-built accessible stock. Apply via the council housing register or directly with the housing association. Ask specifically about properties meeting wheelchair-accessible or adaptable standards.
  • Extra Care housing: Self-contained flats or bungalows in a development with care and support staff on site. Suitable for people who want independence but with a safety net. Available through the council or housing association.
  • Supported living: Your own tenancy with a support package (personal assistants, care workers) attached. Often funded through Direct Payments or a care package from the council.
  • Shared ownership for disabled people: Some housing associations offer shared ownership on accessible properties — allowing you to buy a share and pay rent on the rest.

When to Involve the Council

The council has multiple roles in housing for disabled people — and knowing when to involve them can make a real difference:

  • Reasonable adjustments refused: Contact the council's housing team — they can mediate with your landlord and facilitate a grant-funded solution
  • Serious disrepair: Contact Environmental Health — they have statutory powers to require landlords to act
  • Risk of homelessness: Contact the housing department's homelessness team — they have legal duties to help people who are homeless or threatened with homelessness
  • Need an OT assessment for adaptations: Contact Adult Social Care — an OT assessment is usually needed for a DFG application and for major adaptations

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